administrative law

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[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issues

Should a court defer to the decision of an administrative agency when determining the limits of the agency’s power? Additionally, did the Federal Communications Commission exceed...

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According to the Fifth Circuit Court of Appeals, in the Communications Act of 1996, Congress balanced the power of local governments to regulate their local land with the goal of allowing telecommunications technologies to develop. ...

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On August 17, 2004, Cuozzo Speed Technologies, LLC (“Cuozzo”) was issued U.S. Patent No. 6,778,074 (“074 patent”), “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit.” See Cuozzo Speed...

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On August 17, 2004, Cuozzo Speed Technologies, LLC (“Cuozzo”) was issued U.S. Patent No. 6,778,074 (“074 patent”), “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit.” See Cuozzo Speed Technologies, LLC v. Lee (In re...

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue(s)

Whether citizens can file a lawsuit to challenge the validity of the EPA granting an exception to the National Pollutant Discharge Elimination System permit requirement....

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The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without a National Pollutant Discharge Elimination System (“NPDES”) permit. The Act...

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue

Does N.C. Gen. Stat. §108A-57 violate the anti-lien provision of the Medicaid Act as it was interpreted in Arkansas Department of Health and Human Services v. Ahlborn?

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In 1970, Congress adopted the Rail Passenger Service Act of 1970 (“RPSA”), which was intended to aid in maintaining a national passenger railway system. See Assoc. of Am. Railroads v. United States Dept. of Transp., 721 F.3d 666, 668 (D.C. Cir. 2013)....

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Facts

In passing the Clean Air Act, Congress empowered the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS), the maximum permissible levels of common pollutants released into the air.  See EME Homer City...

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Juan Esquivel-Quintana entered the United States from Mexico in 2000 under an immigrant visa and then became a lawful permanent resident. See Esquivel-Quintana v. Lynch, No. 15-3101 at 2 (6th Cir. 2016). When Esquivel-Quintana was twenty years old, he...

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18 U.S.C. § 1464 authorizes the Federal Communications Commission (“FCC”) to regulate the broadcasting of indecent speech, and under 47 U.S.C. § 503(b)(1)(D), the FCC may fine broadcasters that violate § 1464. In 1975, the FCC used...

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Oral argument: Nov. 4, 2008

Appealed from: United States Court of Appeals for the Second Circuit (June 4, 2007)

SPEECH, OBSCENITY, FIRST AMENDMENT, ADMINISTRATIVE LAW, FEDERAL COMMUNICATIONS COMMISSION

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The Federal Trade Commission is an independent federal agency established by Congress.  The FTC is led by five appointed commissioners, and is separated into two different bureaus: the bureau of consumer protection, which focuses on consumer fraud...

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Lois Davis (“Davis”), an information technology supervisor employed by Fort Bend County (“Fort Bend”), reported to the human resources office that the information technology director (“director”) sexually harassed her. Davis v. Fort Bend County, Texas...

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The notorious financial accounting scandals involving Enron and Worldcom demonstrated the inadequacies of the self-regulatory reporting requirements governing many public companies. See Free Enterprise Fund v. Public...

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Oral argument: Dec. 7, 2009

Appealed from: United States Court of Appeals for the District of Columbia Circuit (Aug. 22, 2008)

AGENCIES, ADMINISTRATIVE LAW, SEPARATION OF POWER, APPOINTMENTS CLAUSE, SARBANES-OXLEY ACT OF 2002

In 2002,...

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In January 2012, the Department of Veteran Affairs (“VA”) decided to obtain an Emergency Notification System (“ENS”) for several of its medical centers and outpatient clinics. Kingdomware Techs., Inc. v. United States, 107 Fed...

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In January 2012, the Department of Veteran Affairs (“VA”) decided to obtain an Emergency Notification System (“ENS”) for several of its medical centers and outpatient clinics. Kingdomware Techs., Inc. v. United States, 107 Fed. Cl. 226, 235 (Fed. Cl....

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Petitioner James L. Kisor is a veteran who served on active duty in the Marine Corps from 1962 to 1966. Kisor v. Shulkin at 1361. Kisor filed a claim for disability compensation benefits with the Department of Veteran Affairs (“VA”) Regional Office in...

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In response to a Securities and Exchange Commission (“SEC” or “Commission”) enforcement action before an Administrative Law Judge (“ALJ”), Raymond J. Lucia and his investment company, Raymond J. Lucia Companies, Inc. (collectively, “Lucia”) challenged...

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In June 2015, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (“EPA”) jointly adopted the “Waters of the United States” Rule (“WOTUS Rule”) as published in the “Clean Water Rule.” See In re U.S. Dep’t of Def. et al., 817 F...

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Overview

The non-delegation doctrine is a principle in administrative law that Congress cannot delegate its legislative powers to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or to...

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On January 30, 2001, the United States Patent and Trademark Office (“USPTO”) issued U.S. Patent No. 6,179,053 (the “’53 patent”) to a predecessor company of Oil States Energy Services, LLC (“Oil States”). Greene's Energy Grp., LLC, Petitioner, v. Oil...

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Carlton & Harris Chiropractic (“Carlton & Harris”) is a West Virginia chiropractic office; PDR Network (“PDR”) sells healthcare products to doctors and other healthcare providers. Carlton & Harris Chiropractic, Inc. v. PDR Network et al. (“...

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This case involves two consolidated decisions issued by the Federal Circuit Court of Appeals, which has exclusive jurisdiction over appeals of the decision of the U.S. Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292(c)....

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Oral argument: Dec. 8, 2008

Appealed from: United States Court of Appeals, Federal Circuit (May 16, 2007)

ADMINISTRATIVE LAW, DEPARTMENT OF VETERANS AFFAIRS, BURDEN OF PROOF, NOTICE, VETERANS CLAIMS...
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Wescley Fonseca Pereira (“Pereira”) came to the United States from Brazil in June 2000 on a non-immigrant visitor visa that allowed him to stay in the country until December 21, 2000. Pereira v. Sessions, 866 F.3d 1, 2 (1st Cir. 2017). Pereira...

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Under the Fair Labor Standards Act (“FLSA”), Congress established federal overtime guarantees for employees who work more than forty hours per week. See Mortgage Bankers Association v. Harris (“Harris”), 720 F.3d 966, 968 (D.C. Cir. 2013). At the same...

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Definition

1) A proceeding conducted by an administrative or executive official that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial proceeding.

2) A judicial act performed by an...

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Definition

A legislative-like act undertaken by an entity other than a legislature. For example, rulemaking undertaken by an administrative agency is a quasi-legislative act.

Illustrative caselaw

See, e.g. Humphrey's Ex'r v. United States, 295 U.S...

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In this case, the United States Postal Service (“Postal Service”) has challenged the validity of Return Mail, Inc.’s (“Return Mail”) patent for processing undeliverable mail items. Return Mail, Inc. v. United States Postal Serv., 868 F.3d 1350, 1353 (...

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Congress enacted the Prison Litigation Reform Act of 1995 (“PLRA”). See 42 U.S.C. 1997e(a). The PLRA requires that “[n]o action shall be brought with respect to prison conditions . . . by a prisoner confined in any...

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Congress enacted the Prison Litigation Reform Act of 1995 (“PLRA”). See 42 U.S.C. 1997e(a). The PLRA requires that “[n]o action shall be brought with respect to prison conditions . . . by a prisoner confined in any jail, prison, or other correctional...

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The process that administrative agencies use to create or promulgate regulations.

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[Question(s) presented][Issue(s)][Facts][Discussion][Analysis] Issue

May a hospital challenge a reimbursement payment outside of the legal filing deadline because of fairness concerns? 

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Facts

In...

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Petitioner Ricky Lee Smith received disability benefits from Social Security between 1988 and 2004, until his financial resources increased to the point that he was no longer eligible for the benefits.  Smith v. Comm’r of Soc. Sec., 880 F.3d 813,...

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